Terms and Conditions

These terms and conditions constitute the agreement ("Agreement") between you and BOK Financial ("Bank") with respect to the provision of Start Right Retire Right Web Services (the "Service") to you. Your use of the Service constitutes your agreement to be bound by the terms of this Agreement. In this Agreement, the words "you" and "yours" mean each person who applied for the Service, and the terms "us" and "we" mean the Bank. This Agreement is in addition to other agreements between the parties.

Start Right Retire Right

Start Right Retire Right allows you to use a personal computer to view your retirement plan account. The system also allows the user to review account activity, perform transactions, download activity, and access tools available through the site. You may use your username and password to access this service via the Bank's Internet Web Site (“Website”).

Password and Security

You agree not to give or make available your online password to any unauthorized individuals. We will not contact you via e-mail or phone requesting your Password. If you are contacted by anyone requesting this information please contact us immediately. You agree to take adequate measures to guard against unauthorized access to your Password. If you believe that your password has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Bank at once by calling the Participant Service Group at 1-800-876-9557. Telephoning immediately is the best way to reduce potential losses. The Participant Service Group is available seven days a week. We may suspend or cancel your password even without receiving such notice from you, if we suspect your password is being used in an unauthorized or fraudulent manner. Unless otherwise provided in this Agreement or as required by law, you agree to be fully liable for all losses which may arise from unauthorized transactions.

Intellectual Property

Any Intellectual Property owned or licensed by Start Right and used by Customer in connection with the performance of its obligations will remain the exclusive property of BOK Financial and its licensors, as the case may be. Nothing in this Agreement will be deemed to grant Buyer any license or any other rights in such Intellectual Property. The term "Intellectual Property" includes without limitation all of the following: (i) inventions, discoveries, patents, patent applications and all related continuations, divisional, reissue, utility model, design and process patents, applications and registrations thereof, certificates of invention; (ii) works, copyrights, registrations and application for registration thereof; (iii) computer software programs, data and documentation; (iv) trade secrets, confidential information, know-how, techniques, designs, prototypes, enhancements, improvements, work-in progress, research and development information; and (v) all other proprietary rights relating to the foregoing.

Links

Certain (hypertext) links will lead you to websites that are not under the control of BOK Financial. When you activate any of these links, you will leave the Start Right website, and BOK Financial has no control over and will accept no responsibility or liability in respect of the material on any such other website. By allowing links with third party websites BOK Financial does not intend to solicit business or offer any security to any person in any country, directly or indirectly.

Use of Cookies

When you access the Start Right website, information is saved which is transferred by your browser during website visits. This data may include the following information: Web request, IP address, browser type and language and one or more cookies. In the event of breaches of the present Terms and Conditions of Use, BOK Financial shall reserve the right to use the saved IP address in order to pursue claims under civil law and to clarify criminal offences.

Click Streaming

Start Right Retire Right will track the pages that you view while on the website. The tracking is utilized to access aggregate use of the website. The frequency and the duration of page visits are used to determine if the user interface requires changes or enhancements to improve the user experience.

Disclosure of Account Information to Third Parties

We will not disclose information to third parties about your account. We will not share or sell any of your personally identifiable information to third parties.

Business Days

Our business days are Monday through Friday. Holidays are not included. A Holiday schedule is provided on the website.

Liability

Our liability is explained in any agreements, notices and disclosures that we separately provide to you from time to time regarding your accounts and the Services. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your accounts through the Service. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the Services as expressly stated in this Agreement and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Services or as required by law.

Unless otherwise required by law, in no event will we or our affiliates be liable to you for special, indirect, punitive, or consequential damages including, without limitation, lost profits and attorney's fees, even if we are advised in advance of the possibility of such damages.

We will not be obligated to honor, in whole or in part, any transaction or instruction which:

1. is not in accordance with any term or condition applicable to the Service or any related account;
2. would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority; or
3. is not in accordance with any other requirement of our applicable policies, procedures or practices.

Alterations and Amendments

The terms of this Agreement may be altered or amended by the Bank from time to time. In such event, the Bank will notify you. Any use of the Service after notification will constitute your agreement to such change(s). Further, the Bank may from time to time revise or update the programs, and/or related material which may render all prior program versions obsolete. The Bank reserves the right to terminate this Agreement as to all such prior versions of the Service, and/or related material and limit access to the Bank's more recent revisions and updates of the Service.

You agree we may provide you with all disclosures, notices and other communications about the Service and any future amendments, in electronic form, including posting them on the Web Site for a period of at least 90 days. At your request, we will provide you with a paper copy of any of the documents posted electronically without any fee.

Termination

The Bank may terminate use of the Service by any individual at any time. Termination shall not affect your liability or obligations under this Agreement.

Disputes

In the event of a dispute regarding the Service, you and the Bank agree to resolve the dispute by looking to this Agreement. You agree that this Agreement and the documents it incorporates by reference is the complete and exclusive statement of the agreement between you and the Bank which supersedes any prior agreement, representation or warranty, oral or written, and any other communications between you and the Bank relating to the subject matter of this Agreement, except to the extent that this Agreement may be subsequently modified by the Bank providing or posting additional terms and conditions on the Web Site as described under the Alterations and Amendments section of this Agreement above. If there is a conflict between what a Bank employee says and the terms of this Agreement, the terms of this Agreement shall control.

Assignment

You may not assign this Agreement to any other party. The Bank may assign this Agreement at any time. The Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

No Waiver

The Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Captions

The captions of Sections are for convenience only and shall not control or affect the meaning or construction of any of the provisions for this Agreement.

Governing Law; Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflicts of laws provisions. Any cause of action for a breach or enforcement of, or a declaratory judgment respecting, this Agreement shall be commenced and maintained only in the United States District Court for the Northern District of Oklahoma or the applicable Oklahoma state trial court sitting in Tulsa, Oklahoma and having subject matter jurisdiction.

Miscellaneous

In any action brought by a party hereto to enforce the obligations of any other party hereto, the prevailing party shall be entitled to collect from the opposing party such party's reasonable litigation costs and attorneys fees and expenses (including court costs, reasonable fees of accountants and experts, and other expenses incidental to the litigation). In the event any provisions of this Agreement, or the application of such provisions to any person or set of circumstances, shall be determined to be invalid, unlawful, or unenforceable, to any extent for any reason, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, or unenforceable, shall not be affected and shall continue to be enforceable to the fullest extent permitted by law. This Agreement shall not be interpreted strictly for or against any party, but solely in accordance with the fair meaning of the provisions hereof to effectuate the purposes and intent of this Agreement.